KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                                              APPEAL  NO: 176/2007

                              JUDGMENT DATED:28..05..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

1.Assistant Secretary,

  Electrical Sections,

  Thrissur Corporation.

                                                                                                : APPELLANTS

2.Thrissur Corporation,

  R/by its Secretary.

 (By Adv:Sri.B.Vasidevan Nair)

            Vs.

N.Udayakumar,

Secretary,                                                                             : RESPONDENT

Architechs & Engineer’s Association,

Kokkalai, Thrissur.

(By Adv:Sri.R.S.Kalkura)

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT

The appellants are the opposite parties/Thrissur Corporation in OP:1213/04 in the file of CDRF, Thrissur.  The disputed bills issued by the appellants stands cancelled.  Further it is ordered that a sum of Rs.2000/- as compensation and Rs.1,500/- as cost shall be paid by the Assistant Secretary and Secretary of the Thrissur Corporation from their personal assets.

2. It is the case of the complainant that he received demand notice/arrears for a sum of Rs.1,68,005/- and demand notice Rs.4830/- dated:10/3/2004 and 23/3/2004 respectively with respect to consumer Nos:7913-D and 7912-D.  According to him the bills were received only on 25/9/2004.  It is alleged that the above bills are illegal as barred by limitation.

3. The opposite parties had disputed the above stance of the opposite parties and relied on certain decisions.

4. The evidence adduced consisted of Exts.P1 to P3.

  5. The forum has relied on Sec.56(2) of the Electricity Act 2003, which commenced on 10/6/2003.  Admittedly the impugned bills were issued subsequent to the commencement of the above statute.  As per Sec.56(2) the dues cannot be realized after 2 years from the date when it first because due.  The period for which the arrears are claimed with respect to the first bill is from 4/97 to 3/01 and the other from 4/98 to 3/01.

6. The counsel for the appellant has relied on the decision of the High court of Kerala in Abdul Nazar Vs. Kerala State Electricity Board and others 2006 (1) KLJ 440.  The Forum has discussed the implication of the above decision.  The demand notice therein was issued on 16/5/2002, much before the commencement of the Electricity act 2003.  Evidently the above decision has no application in the instant case.  There is no case that it has been shown continuously as recoverable as arrears of charges for electricity supplied as provided in Sec.56(2) of the above Act also.  In the circumstances we find that there is no scope for interfering in the order of the Forum in this regard.

7. All the same we set aside the order of the Forum directing the appellants/in person from their personal assets to pay compensation and costs.  The above part of the order of the Forum is set aside.

In the result the appeal is allowed in part as above.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

VL.